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2011 Supreme(Raj) 773

SANDEEP MEHTA
Praveen Chand Mandawaria – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Mahendra Gaur, for Petitioner;
N.A. Naqvi, A.A.G., for Respondent

Hon'ble SANDEEP MEHTA, J.—This petition has been filed on behalf of accused petitioner against whom a FIR was filed under the provisions of the Prevention of Corruption Act at Anti Corruption Bureau, Jaipur. By way of this petition under Section 482 Cr.P.C., the petitioner has challenged the registration of the FIR against him. The petition was filed on 7.5.2010, at which point of time, the FIR as against the petitioner was still pending investigation but it is the admitted case now on the record that the charge-sheet has been filed subsequent to the investigation on 14.5.2010 in the Court of learned Special Judge, Anti Corruption Cases, Jaipur.

2. The petitioner has challenged the FIR filed against him on the following grounds:-

(a) The FIR does not disclose any offence.

(b) The petitioner cannot be fixed with the liability under the Prevention of Corruption Act because neither the petitioner made any demand of bride from the complainant nor did he accept any bribe.

(c) The petitioner was not in a position to pass the bills and release the payments of the complainant.

(d) The criminal proceedings are attributed with malafide.

(e) It has also been submitted that registration of the FIR































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